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STATE v. SUPERIOR COURT, ETC.

No. 14956.

127 Ariz. 175 (1980)

619 P.2d 3

STATE of Arizona, Petitioner, v. SUPERIOR COURT of the State of Arizona, IN AND FOR the COUNTY OF MARICOPA, and The Honorable Howard Peterson, Judge of the Superior Court, and Jackie McKinzie, real party in interest, Respondents.

Supreme Court of Arizona, In Banc.

Rehearing Denied November 13, 1980.

Attorney(s) appearing for the Case

Charles F. Hyder, Maricopa County Atty., David A. Rubin, Myrna J. Parker, Deputy County Attys., Phoenix, for petitioner.

Ross P. Lee, Maricopa County Public Defender, John N. Bilinski, Deputy Public Defender, Phoenix, for respondent McKinzie.

GORDON, Justice:

Petitioner, State of Arizona, brought this special action urging that a suppression order issued by respondent Superior Court was arbitrary and capricious or an abuse of discretion. We accepted jurisdiction pursuant to A.R.S.Const. Art. 6, § 5(4), and Rule 3(c), 17A A.R.S., Rules of Procedure for Special Actions. On July 10, 1980, we issued an order with written opinion to follow, vacating the suppression order and directing the superior court...

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